Daniels v. PennyMac Loan Services, LLC et al
| David Lee Daniels, III |
| PennyMac Loan Services, LLC, SWBC Mortgage Corporation, CitiBank, Ginnie Mae, Sam Sorour, ZLOS Investment Trust, Michael King, Marinosci Law Group, PC, Cypresswood Lakes Community Association, Inc., Shannon Abernathy, Noelle Hicks, Cliff Davis and (RMWBH) Robert Markel Weingerg Butler Hailey P.C. |
| 4:2022cv00199 |
| January 19, 2022 |
| US District Court for the Southern District of Texas |
| George C Hanks |
| Other Fraud |
| 15 U.S.C. § 1692 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 7, 2023. A more recent docket listing may be available from PACER.
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Filing 56
RESPONSE in Opposition to #4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order, filed by CitiBank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Moeller, Evan)
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Filing 55
RESPONSE in Opposition to #4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order, filed by SWBC Mortgage Corporation. (Attachments: #1 Exhibit A, #2 Exhibit A1, #3 Exhibit A2, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G)(Moeller, Evan)
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Filing 54
SUPPLEMENT to #8 Response in Opposition to Motion by PennyMac Loan Services, LLC, filed. (Attachments: #1 Exhibit A)(Duffy, Elizabeth)
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Filing 53
Opposed BRIEF Opposition In Opposition of Request for Preliminary Injunction by Michael King, Marinosci Law Group, PC, filed.(Hooda, Sammy)
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Filing 52
CERTIFICATE OF INTERESTED PARTIES by ZLOS Investment Trust, filed.(Hokanson, Martin)
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Filing 51
TRIAL BRIEF In Opposition to Request for a Preliminary Injunction by ZLOS Investment Trust (Attachments: #1 Exhibit Deed of Trust, #2 Exhibit Assignment of Deed of Trust, #3 Exhibit Subst. Trustee's Deed, #4 Exhibit Judgment-Justice Court, #5 Exhibit Quitclaim Deed)(Hokanson, Martin)
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Filing 50
NOTICE Letter to Court Manager by ZLOS Investment Trust, filed. (Hokanson, Martin)
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Filing 49
MEMORANDUM in Opposition to Temporary Injunction by Shannon Abernathy, Cypresswood Lakes Community Association, Inc., filed.(Waters, Vaughan)
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Filing 48
CERTIFICATE OF INTERESTED PARTIES by Sam Sorour, filed.(Hokanson, Martin)
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Filing 46
Notice of Filing of Official Transcript as to #45 Transcript. Party notified, filed. (dhansen, 4)
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Filing 45
TRANSCRIPT re: motion hearing held on 3/4/22 before Judge George C Hanks, Jr. Court Reporter/Transcriber Veritext. Ordering Party Elizabeth K. Duffy Release of Transcript Restriction set for 6/6/2022., filed. (VeritextLegalSolutions, )
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Filing 44
CERTIFICATE OF INTERESTED PARTIES by Michael King, Marinosci Law Group, PC, filed.(Hooda, Sammy)
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Filing 43
AO 435 TRANSCRIPT REQUEST by Elizabeth K. Duffy for Transcript of Motion Hearing on 3/4/22 before Judge Hanks. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Veritext Legal Solutions, filed. (Duffy, Elizabeth) Electronically forwarded to Veritext Legal Solutions on 03/07/2022. Estimated completion date 03/08/2022. Modified on 3/7/2022 (DMcKinnieRichardson, 4).
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Filing 42
CERTIFICATE OF INTERESTED PARTIES by (RMWBH) Robert Markel Weingerg Butler Hailey P.C., filed.(Weinberg, Gregg)
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Filing 41
Unopposed MOTION for More Definite Statement by Sam Sorour, filed. Motion Docket Date 3/28/2022. (Attachments: #1 Proposed Order)(Hokanson, Martin)
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Filing 40
ORDER denying without prejudice #4 MOTION for Temporary Restraining Order. (Preliminary Injunction Hearing set for 3/25/2022 at 10:00 AM in Courtroom 600 in Houston before Judge George C Hanks Jr). The parties are to file all briefing regarding Plaintiffs request for preliminary injunction no later than March 18, 2022. The parties briefing should include a discussion of the Courts jurisdiction to grant the requested relief. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)
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Filing 39
Minute Entry for proceedings held before Judge George C Hanks, Jr. MOTION HEARING held on 3/4/2022 re: #4 Motion for Temporary Restraining Order. Arguments presented. Testimony heard. Appearances: David Lee Daniels, III. Elizabeth Duffy. Gregg Weinberg. Evan Moeller. Vaughan Waters. Martin Hokanson. Sammy Hooda. Hamza Hussain. (ERO: yes), filed. (bthomas, 4)
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Filing 38
CERTIFICATE OF INTERESTED PARTIES by CitiBank, filed.(Moeller, Evan)
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Filing 47
Minute Entry for proceedings held before Judge George C Hanks, Jr. PRE-MOTION CONFERENCE held on 3/3/2022. At the hearing, the following rulings were made as stated on the record: Appearances: David Lee Daniels, III, Gregg S Weinberg, Evan Alexander Moeller, Vaughan Eugene Waters, Sammy Hooda, Elizabeth Kristin Duffy, Martin M Hokanson.(ERO:yes), filed.(bthomas, 4)
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Filing 37
MOTION for More Definite Statement by Shannon Abernathy, Cypresswood Lakes Community Association, Inc., filed. Motion Docket Date 3/24/2022. (Attachments: #1 Proposed Order)(Page, Robert)
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Filing 36
Unopposed MOTION for More Definite Statement by CitiBank, filed. Motion Docket Date 3/24/2022. (Attachments: #1 Proposed Order)(Moeller, Evan)
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Filing 35
Unopposed MOTION for More Definite Statement by SWBC Mortgage Corporation, filed. Motion Docket Date 3/24/2022. (Attachments: #1 Proposed Order)(Moeller, Evan)
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Filing 34
NOTICE of Setting re: #4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order. Parties notified. Motion Hearing set for 3/4/2022 at 10:30 AM by video before Judge George C Hanks Jr, filed. Join ZoomGov Meeting: https://www.zoomgov.com/j/1612471491?pwd=bnJod0F2YVVNVzB5VDBFbmg3SnBZdz09; Meeting ID: 161 247 1491; Passcode: 711458; Dial-in: 1-669-254-5252. (bthomas, 4)
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Filing 33
Summons Issued as to Ginnie Mae. Issued summons delivered to U.S. Marshal, filed. (Attachments: #1 USM-285, #2 IFP Order)(bthomas, 4)
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Filing 32
CERTIFICATE OF INTERESTED PARTIES by PennyMac Loan Services, LLC, filed.(Duffy, Elizabeth)
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Filing 31
NOTICE of Appearance by Martin M. Hokanson on behalf of Sam Sorour, filed. (Hokanson, Martin)
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Filing 30
REQUEST for pre-motion conference, filed. (Attachments: #1 Exhibit A, #2 Exhibit B)(Moeller, Evan)
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Filing 29
MOTION to Dismiss Defendant Rule 12(b)(6) by Michael King, Marinosci Law Group, PC, filed. Motion Docket Date 3/22/2022. (Hooda, Sammy)
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Filing 28
STATEMENT Pre-Motion Conference Letter by Michael King, Marinosci Law Group, PC, filed.(Hooda, Sammy) Text Modified on 3/2/2022 (bthomas, 4).
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Filing 27
NOTICE of Withdrawal of Motion to Dismiss by Michael King, Marinosci Law Group, PC, filed. (Hooda, Sammy)
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Filing 26
NOTICE of Appearance by Kurt Lance Krolikowski on behalf of PennyMac Loan Services, LLC, filed. (Krolikowski, Kurt)
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Filing 25
MOTION to Dismiss Rule 12(b)(6) by Michael King, Marinosci Law Group, PC, filed. Motion Docket Date 3/22/2022. (Hooda, Sammy)
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Filing 24
Letter from Sam Sorour re: Pre-Motion Conference, filed. (SamanthaWarda, 4)
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Filing 23
REQUEST for pre-motion conference, filed. (Attachments: #1 Exhibit A, #2 Exhibit B)(Moeller, Evan)
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Filing 22
NOTICE OF ZOOM LINK RE: #19 NOTICE of Setting as to #10 REQUEST for pre-motion conference, #4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order. Parties notified. Motion Hearing set for 3/3/2022 at 10:15 AM by video, filed. (bthomas, 4)
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Filing 21
NOTICE of Appearance by Thomas G. Yoxall on behalf of PennyMac Loan Services, LLC, filed. (Yoxall, Thomas)
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Filing 20
REQUEST for pre-motion conference, filed.(Duffy, Elizabeth)
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Filing 19
RENOTICED FOR CASE MANAGEMENT PURPOSES - NOTICE of Setting as to #10 REQUEST for pre-motion conference, #4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order. Parties notified. Motion Hearing set for 3/3/2022 at 10:15 AM in Courtroom 600 in Houston before Judge George C Hanks Jr, filed. (bthomas, 4) Text Modified on 2/23/2022 (bthomas, 4).
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Filing 18
NOTICE of Setting re: #10 REQUEST for pre-motion conference, #4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order. Parties notified. Motion Hearing set for 3/3/2022 at 10:15 AM in Courtroom 600 in Houston before Judge George C Hanks Jr, filed. (bthomas, 4) (bthomas, 4).
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Filing 16
RESPONSE to court regarding Plaintiffs Petition, filed by (RMWBH) Robert Markel Weingerg Butler Hailey P.C.. (Weinberg, Gregg)
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Filing 15
RESPONSE to court regarding Plaintiffs Petition, filed by (RMWBH) Robert Markel Weingerg Butler Hailey P.C.. (Attachments: #1 Exhibit Defendants Motion for More Definite Statement and Alternatively Motion to Dismiss)(Weinberg, Gregg)
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Filing 13
RETURN of Service of SUMMONS Executed as to SWBC Mortgage Corporation served on 2/7/2022, answer due 2/28/2022, filed.(BrandisIsom, 4)
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Filing 12
RETURN of Service of SUMMONS Executed as to CitiBank served on 2/9/2022, answer due 3/2/2022, filed. (BrandisIsom, 4)
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Filing 10
REQUEST FOR PRE-MOTION CONFERENCE/MORE DEFINITE STATEMENT by Cypresswood Lakes Community Association, Inc., filed.(Page, Robert) Text Modified on 2/17/2022 (bthomas, 4).
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Filing 8
RESPONSE in Opposition to #4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order, filed by PennyMac Loan Services, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Duffy, Elizabeth)
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Filing 7
NOTICE of Appearance by Elizabeth K. Duffy on behalf of PennyMac Loan Services, LLC, filed. (Duffy, Elizabeth)
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Filing 17
RETURN of Service of SUMMONS Executed as to Sam Sorour served on 2/8/2022, answer due 3/1/2022, filed. (BrandisIsom, 4)
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Filing 14
RETURN of Service of SUMMONS Executed as to Noelle Hicks served on 2/10/2022, answer due 3/3/2022, filed. (RachelWillborg, 4)
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Filing 11
RETURN of Service of SUMMONS Executed as to (RMWBH) Robert Markel Weingerg Butler Hailey P.C. served on 2/10/2022, answer due 3/3/2022, filed.(VanesaAranda, 3)
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Filing 9
RETURN of Service of SUMMONS Executed as to Cliff Davis served on 2/10/2022, answer due 3/3/2022, filed.(VanesaAranda, 3)
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Filing 6
RETURN of Service of SUMMONS Executed as to Shannon Abernathy served on 1/27/2022, answer due 2/17/2022, filed.(BrandisIsom, 4)
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Filing 5
RETURN of Service of SUMMONS Executed as to Cypresswood Lakes Community Association, Inc. served on 1/27/2022, answer due 2/17/2022, filed.(BrandisIsom, 4)
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The above entitled action is assigned to United States District Judge George C. Hanks, Jr. Attorneys and Pro Se individuals are responsible for complying with this Court's rules and procedures, specifically, under Rule 6. Motion Practice. B. Pre-Motion Conferences Required for Particular Motions. Please download and review the individual practices of the assigned District Judge, located at: https://www.txs.uscourts.gov/sites/txs/files/GCH_Court_Procedures.pdf. (Note: If clicking the link does not work, you can copy/paste the url into your web browser address bar to view the procedures.) (bthomas, 4)
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Filing 4
MOTION for Preliminary Injunction( Motion Docket Date 2/15/2022.), MOTION for Temporary Restraining Order, and Memorandum of Points and Authorities, by David Lee Daniels, III, filed. (Attachments: #1 Memorandum, #2 Envelope) (RachelWillborg, 4)
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USM-285 / Summons Issued as to (RMWBH) Robert Markel Weingerg Butler Hailey P.C., Shannon Abernathy, CitiBank, Cypresswood Lakes Community Association, Inc., Cliff Davis, Noelle Hicks, Ginnie Mae, Michael King, Marinosci Law Group, PC, PennyMac Loan Services, LLC, SWBC Mortgage Corporation, Sam Sorour. (JosephWells, 4)
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Filing 3
NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (RachelWillborg, 4)
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/22/2022 at 09:00 AM in Courtroom 600 in Houston before Magistrate Judge Andrew M Edison. (Signed by Judge George C Hanks, Jr) Parties notified.(RachelWillborgadi, 4)
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Summons Not Issued as to All Defendants as no completed summons received from plaintiff. Plaintiff notified of deficiencies by email on 1/20/2022, filed.(RachelWillborg, 4)
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Filing 1
COMPLAINT against All Defendants filed by David Lee Daniels, III. Application to Proceed IFP Granted Conditionally on January 19, 2022 by Judge Keith P. Ellison. (RachelWillborg, 4)
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